Legal Resources | | T14 15070
Chapter 3. Guidelines for Implementation of the California Environmental Quality Act Article 6. Negative Declaration Process Decision to Prepare a Negative or Mitigated Negative Declaration.
A public agency shall prepare or have preared a proposed negative declaration or mitigated negative declaration for a project subject to CEQA when:
(a) The initial study shows that there is no substantial evidence, in light of the whole record before the agency, that the project may have a significant effect on the environment, or
(b) The initial study identifies potentially significant effects, but:
(1) Revisions in the project plans or proposals made by or agreed to by the applicant before a proposed mitigated negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and
(2) There is no substantial evidence, in light of the whole record before the agency, that the project as revised may have a significant effect on the environment.
Authority cited:
Public Resources Code 21083
Reference:
Public Resources Code 21064
Public Resources Code 21064.5
Public Resources Code 21080(c)
Public Resources Code 21082.1
Friends of B Street v. City of Hayward, (1980) 106 Cal. App. 3d 988
Running Fence Corp. v. Superior Court, (1975) 51 Cal. App. 3d 400.
(Amended by Register 2005, No. 40.)